Town of Wilson, NY
Niagara County
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Table of Contents
Table of Contents
For the purpose of this chapter, certain terms and words are herein defined; whenever used in this chapter, they shall have the meanings indicated in this article, except where the context indicates a clearly different meaning. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the words "used for" include the meaning "designed or redesigned for" and vice versa; the word "shall" is mandatory and not discretionary; and the word "may" is permissive.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
A land or building use shall be deemed abandoned where it has been discontinued and there is no clear indication from the property itself that it is to be resumed. Mere lack of occupancy or vacancy shall not, without more evidence, be established as "abandonment."
ACCESSORY STRUCTURE
A detached, subordinate structure, located on the same lot as the principal structure or use, the use of which is incidental to the principal structure or the use of the land.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or structure and located on the same lot as such principal use or structure.
ADDITION
As applied to a building or structure, any construction which increases the area or the height of any portion of the building or structure. Terms such as "extension," "expansion" or "enlargement" have the same meanings as "addition."
AIRPORT
Any area of land which is used or intended to be used primarily for the taking off and landing of aircraft, and any accessory areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas, hangars, storage and service areas and other accessory buildings.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. Terms such as "modification," "improvement" or "remodel" have the same meanings as "alteration."
APARTMENT
A room or suite of rooms which is occupied or which is intended or designed to be occupied by one family group for living and sleeping purposes.
APARTMENT BUILDING
A residential building designed or used for three or more dwelling units. The term "multiple dwelling unit" has the same meaning.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AREA, LAND
When referring to the required area per dwelling unit, net land area; the area exclusive of any streets and alleys.
AUTOMATIC COIN LAUNDRY, DRY CLEANER
A business premises equipped with individual clothes-washing or -cleaning machines for the principal use of retail customers.
AUTOMOBILE AND/OR TRAILER SALES AREA
An open area, other than a street or way, used for the display or sale of new or used automobiles or trailers and where minor and incidental repair work (other than body and fender) may be done.
AUTOMOBILE REPAIR GARAGE
A building used for the maintenance, service or repair of motor vehicles, including operations not permitted at a gasoline station.
AUTOMOBILE WRECKING
The dismantling or wrecking of used automobiles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT
A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground.
BED-AND-BREAKFAST
A home occupation occurring in a private residence, owner occupied, in which rooms are rented for overnight lodging accommodations and a breakfast meal served for no more than nine transient, paying guests.
BILLBOARD
Any sign attached to the land or attached to any building which does not advertise the business conducted on the premises to which such sign is attached.
BOARDINGHOUSE
A building or portion thereof, other than a hotel or motel, containing not more than one dwelling unit, where meals and lodging are provided for three or more persons in addition to the family unit.
BOATHOUSE
A building which is used for the housing, storage, maintenance or repair of one or more boats.
BUFFER ZONE
A space identified as a separation between two adjoining areas to provide typically a visually aesthetic and environmentally acceptable boundary.
BUILDING
A structure having a roof, for the housing or enclosure of persons, animals or chattels.
BUILDING, ACCESSORY
A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING LINE
The line which establishes the minimum depth of front yard for the particular district as measured from the street line.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS
Any occupation, employment or enterprise whereon merchandise is exhibited or sold or which occupies time, attention, labor and materials or where services are offered for compensation.
CAMP, DAY
An area of land provided with sanitary facilities and other necessary improvements, used or intended to be used by organized groups for outdoor recreation, education or cultural activities on a seasonal basis, but not to include overnight accommodations or overnight camping as a normal activity.
CAMPGROUND
An area of land provided with sanitary facilities and other necessary improvements, used or intended to be used for the temporary accommodation of individuals or families or other groups staying one or more nights in tents or recreational vehicles on a seasonal basis.
CAMP, OVERNIGHT
An area of land provided with sanitary facilities and other improvements for temporary residence, used or intended to be used by organized groups for outdoor recreation, education or cultural activities on a seasonal basis.
CAR WASH
An establishment for the washing of motor vehicles as a principal use.
CELLAR
A portion of the building having 1/2 or more of its height below the average level of the adjoining ground.
CEMETERY
Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories and mausoleums, and within the boundary of such cemetery.
CHURCH
Includes any or all of the following: church, cathedral, temple, synagogue, manse, rectory, convent, parish school or similar buildings incidental to the particular use; school or religious education; convents and other buildings for the housing of students, teachers, communicants and domestic or maintenance employees; but does not include business offices (except administrative offices incidental to the operation of the particular use), rescue missions or the occasional use for religious purposes of properties not regularly so used.
CLINIC
An establishment used by physicians, surgeons, dentists, physiotherapists, psychiatrists or practitioners in related specialities where patients who are not lodged overnight are admitted for examination and treatment.
CLUBHOUSE
A building housing a club or social organization.
CLUSTER DEVELOPMENT
A planned residential tract, subdivision or area where individual lots and/or buildings are arranged in clusters or groups of five or more with open areas between such lot or building groups, which areas are either publicly or privately owned and maintained in a park-like appearance.
COMMUNITY OPEN SPACE
A park or other recreation area owned in common by residents or lots in the vicinity and restricted by deed or covenant to such use.
CONFORMING USE
Any lawful use of a building or a lot which complies with the provisions of this chapter.
CONSERVATION CLUB
A club organized and operated for the principal purpose of land, wildlife and natural resources conservation.
CONVENIENCE STORE
A small establishment designed and intended to serve the daily or frequent shopping or service needs of the immediate surrounding population. Filling stations and repair garages are specifically excluded from this definition.
COTTAGES
Individual buildings, usually containing one rental unit equipped for housekeeping. They may have separate living room and bedrooms; occasionally, they have more than one rental unit per building as in duplex cottages. Parking is usually located at each unit.
COVERAGE
That percentage of the plot or lot area covered by the building.
DAY-CARE CENTER/NURSERY
Any private agency, institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six or more unrelated children, for compensation.
[Amended 2-18-2015 by L.L. No. 1-2015]
DISTRICT
As established herein, the areas in which specific zoning uses and regulations apply.
DOG KENNEL
A structure or group of structures used for the harboring of more than three dogs that are more than six months old.
DRIVE-IN USE
Any use customarily providing service to or selling at retail to a person occupying an automobile.
DWELLING
A building or portion thereof designed for and used primarily for human occupancy and having the floor area required in this chapter and having complete housekeeping facilities, but not including autocourts, hospitals, hotels, boardinghouses, motels, residential clubs, rooming houses and the like, and meeting the requirements of the Town Building Code.[1] (Note: Unless a mobile home complies with the Town Building Code, it cannot be a "dwelling.")
DWELLING GROUP
A group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof containing three or more dwelling units.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary facilities for one person or one family.
EDUCATIONAL INSTITUTION
A college or university giving general academic instruction. Included within this term are areas or structures used for administration, housing of students or faculty, dining halls and social or athletic activities, when located on part of the institution's land that is not detached from that portion of the campus where classroom facilities are maintained by more than streets and/or other property owned by the institution.
ERECT
To build, form, construct, compose, fabricate, frame, assemble, place, locate or cause any action of a nature similar to these.
FACTORY MANUFACTURED HOME
A structure designed primarily for residential occupancy, constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities for assembly and permanent installation on a building site.
FAMILY
Either an individual or two or more persons related by blood or marriage or adoption, together with not more than three other persons (not counting servants), or a group of not more than five persons (not counting servants) not related by blood, marriage or adoption living as a household in a dwelling unit.
FARM
Any parcel of land containing at least 10 acres, which parcel is used primarily for gain in the raising or keeping of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. Additionally, it includes farms raising or keeping not more than twenty equines. It excludes fur farms, dog kennels and industrialized poultry farms.
[Amended 2-21-2007 by L.L. No. 2-2007]
FARM ANIMAL
Any animal raised for or intended to be raised for meat or dairy products, or any animal used on a farm for farm purposes.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this article. The term "farm building" shall not include "farm dwelling."
FARM POND
Any body of water, natural or man-made, located on a farm for the purpose of crop irrigation, stock watering or fire protection. A "farm pond" shall be considered a structure.
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors, including basement, of a building and its accessory buildings on the same lot, and including the area of roofed porches and roofed terraces. All dimensions shall be measured between the exterior faces of the walls.
FLOOR AREA RATIO
The floor area of a building divided by the area of the occupied lot.
FLORIST
A business of selling cut flowers, growing flowers or plants, potteries, stands or holders containing plants or flowers.
FUR FARM
The keeping or raising of more than 10 fur bearing mammals, the main purpose of which is to extract the hides of such animals or to sell such animals on the basis of the value of such hides.
GARAGE
A building or part of a building used for the parking of one or more operative motor vehicles.
GARDEN APARTMENT
A building or group of buildings designed within an open lawn setting, designed to accommodate more than two dwelling units within a single structure and which is designed so that the group of dwelling units utilizes such common facilities as pedestrian walks, parking and garage areas, open space, recreation areas and utility and service facilities.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubrication, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means, body and fender work or the dismantling or replacing of engines.
GRADE, STREET
The officially established grade of the street upon which the lot fronts. If there is no officially established grade, the existing grade of the street at the midpoint of the lot shall be taken as the street grade.
GREENBELT
A strip of land of stated width, lying adjacent to and running parallel with the lot line, which strip shall not be paved or made accessible to automobiles, except for specifically permitted driveways, and in which no use other than vegetation and uses specifically stated by this chapter are permitted. Unless otherwise indicated, the "greenbelt" shall follow the entire perimeter of the lot.
HEIGHT OF A BUILDING
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for the flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip or gambrel roofs.
HEIGHT OF A STRUCTURE OTHER THAN A BUILDING
The vertical distance between the mean elevation of the base of the structure and the highest point of the structure.
HOME OCCUPATION
An occupation, profession, service/ lodging, which is customarily carried on in a dwelling unit or in an attached, closed building and is carried on by a member or members of the family residing in the dwelling unit, is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which conforms to all of the regulations and conditions listed in the chapter.
HOSPITAL
A building or a group of buildings constituting an institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. Unless otherwise specified, includes sanitarium, sanitorium, preventorium and any place for the diagnosis, treatment or other care of human ailments.
HOTEL
A building designed for occupancy primarily as the temporary abiding place of individuals who are lodged with or without meals, in which building:
A. 
There are more than 12 sleeping rooms.
B. 
Incidental business may be conducted.
C. 
There may be club rooms, ballrooms and common dining facilities.
D. 
Such hotel services as maid, telephone and postal services are provided.
HOUSE TRAILER
See "mobile home."
INDUSTRIALIZED POULTRY FARM
The keeping or raising of more than 5,000 fowl at one time.
INDUSTRY
Any activity involving the manufacturing or treatment of any commodity, including the assembly, packaging, canning, bottling or processing of any item. To change any commodity in composition, form, size, shape, texture or appearance is deemed to be an industrial process.
INSTITUTIONAL HOME
A building used for the full-time home of three or more babies, children or aged persons, except correctional institutions or hospitals, but including nursing homes.
JUNKYARD
A lot, land or structure or part thereof over 200 square feet in area, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof, except as an accessory to a principal manufacturing use on the lot.
LABOR CAMP
A building or group of buildings providing residence for farm labor employed on the farm on which property the labor camp is situated.
LOADING SPACE
An off-street space or berth, served by a driveway intended for the standing of a commercial vehicle while being loaded or unloaded, which space is not less than 10 feet in width and will accommodate a truck or truck trailer not less than 35 feet in length and which provides not less than 15 feet of clear height for such vehicles.
LOT
A parcel of land.
LOT, BUILDABLE AREA OF
That portion of a lot bounded by required front and rear and side yards.
LOT, CORNER
A lot situated at and abutting the intersection of two streets, having an interior angle of intersection not greater than 135°.
LOT DEPTH
The distance between the front and rear lot lines measured along the median between the two side lot lines as determined by the Zoning Administrator.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines that bound a lot.
LOT OF RECORD
Any lot which has been established as such by plat, survey, record or deed in the records of the Niagara County Clerk prior to the date of adoption of this chapter.
LOT, RESIDENTIAL
A lot on which the principal use of such lot is a dwelling occupied by a family.
LOT WIDTH
The distance between the side lot lines measured along the front building line as determined by the prescribed front yard requirement.
MAJOR EXCAVATING, GRADING, STRIPPING OR FILLING
Any operation other than in connection with a foundation for a structure or approved improvements in a subdivision, involving:
A. 
The removal of topsoil, except in conjunction with street construction, utility installation or building operations; excavating of sand, gravel or rock; the washing, screening, grading, crushing of rock or gravel; and filling with clean materials;
B. 
A material alteration of the ground surface so as to affect streets and recreation sites and other public facilities or physically affect private property within 1,000 feet of the intended operation;
C. 
A volume of earth movement exceeding an average of one cubic foot per 10 square feet of affected surface area or 500 cubic yards, whichever is the lesser; or
D. 
A change in ground elevation exceeding five feet.
MANUFACTURER and/or MANUFACTURING
Processing and/or converting of raw, unfinished or finished materials, or products of any or either of them, into an article or articles or substance of different character or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MARINA
A place located on or immediately adjacent to a body of water where boats and other watercraft are kept, moored or stored, and may include facilities for servicing, repairing, renting or selling watercraft and accessories.
MOBILE HOME
A single-family housing unit designed for transportation after fabrication on streets and highways on its own wheels or a flatbed or other trailer, and arriving at the site where it is to be occupied as a housing unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and the like.
MOBILE HOME PARK
A lot on which two or more mobile homes are permitted to be located for occupancy.
MOTEL (MOTOR LODGE)
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access and related office and with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities.
MOTOR FREIGHT TERMINAL
Any premises used by a motor freight company regulated by the Public Utility Commission of New York and/or the Interstate Commerce Commission as a carrier of goods, which is the origin and/or destination point of goods being transported, for the purpose of storing, transferring, loading and unloading such goods.
NONCONFORMING BUILDING
A building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT
A lot of record existing at the date of adoption of this chapter which does not have the minimum width or contain the minimum area for the district in which it is located.
NONCONFORMING SIGN
A sign, lawfully existing on the effective date of this chapter or subsequent amendment hereto, which does not conform to the sign regulations applicable in the district in which it is located.
NONCONFORMING STRUCTURE
A structure or portion thereof, other than a sign, lawfully existing on the effective date of this chapter or subsequent amendment thereto, which was erected or altered for a use that does not conform to the use regulations applicable in the district in which it is located.
NONCONFORMING USE
A use of a structure or land, lawfully existing on the effective date of this chapter or subsequent amendment hereto, which does not conform to the use regulations applicable in the district in which it is located.
NURSERY
Premises, whether or not enclosed, used for the retail sale of nursery stock and materials and, incidental thereto, the retail sale of gardening implements, packaged fertilizer, packaged soil conditioners and additives, pesticides and other materials and supplies customarily used in the cultivation and maintenance of a home garden or landscape.
NURSING HOME
An institutional home in which medical care and supervision by nurses or medical practitioners licensed by the State of New York is provided.
OCCUPANCY
The utilization of a building or land.
OFFICE
A business facility in which business administration, business service and business transactions occur, but in which there is no display or sale of on-premises merchandise.
OPEN SPACE
Those areas in any district to be free of any use or structure as determined by yard or setback requirements in that district, unless otherwise specified in this chapter.
PARK
A piece of ground maintained in its natural state as a public property for ornamental and recreational use by the citizenry.
PARKING LOT
An open lot or plot of ground used for the standing or parking of motor vehicles.
PARKING SPACE
A space in a parking garage or parking area, not less than nine feet wide and 18 feet long, exclusive of passageways and driveways, giving access thereto and having direct access to a street or alley.
PERMANENT
Intended to remain fixed with regard to location, use or occupancy; in contrast to temporary in which a stated or implied time frame for ending is specified.
PERMITTED ACCESSORY USE
Any accessory use of land, buildings, structures or premises which is a listed permitted accessory use in the zoning district in which such accessory use is located.
PERMITTED USE
Any use of land, buildings, structures or premises which is a listed permitted use in the zoning district in which such use is located.
PERSONAL SERVICE ESTABLISHMENT
An establishment, such as beauty salon, barber or hairdresser, providing personal services to individuals.
PLAT
A map, plan or layout of a section or subdivision indicating the location and boundaries of individual properties.
PRIVATE
Owned, operated or controlled by an individual, groups, companies, corporations and the like.
PROPERTY
A parcel of land to which all applicable zoning uses and regulations apply as stated in this chapter.
PUBLIC
Owned, operated or controlled by a government agency (federal, state or local), including a corporation or service district created by law for the performance of certain specialized governmental functions, and a public school district.
RECREATIONAL POND
Any body of water, natural or man-made, located on a lot for the sole purpose of recreational uses. A "recreational pond" shall be considered a structure.
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and motor home.
RESTAURANT
A public eating place where all food is essentially served and consumed at a table or counter within a completely enclosed building.
RETAIL STORE
An establishment where goods are sold directly to the consumer for personal or household use, with or without processing on the premises for such retail sale, but excluding the processing, repair or renovating of furniture, bedding or fixtures.
ROADSIDE STAND
A temporary structure or vehicle located on a seasonal basis within a required front or side yard abutting a street for the purpose of displaying for sale or selling of farm products produced on the premises or on other farms in the Town.
SCHOOL
Any place of instruction in any branch of knowledge.
SCHOOL, ELEMENTARY
Any school having regular sessions with regularly employed instructors, which school teaches those subjects that are fundamental and essential in general education and which teaches and provides elementary education under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body or a corporation meeting the requirements of the state.
SCHOOL, SECONDARY
The same as an elementary school, except that secondary education is provided.
SCHOOL, VOCATIONAL
Any school having regular sessions with regularly employed instructors which, as a principal activity, provides training in a trade or vocation and teaches those subjects that are fundamental and essential in elementary or secondary education under the supervision of the State of New York or a lawfully constituted ecclesiastical governing body or a corporation meeting the requirements of the state.
SEASONAL
A condition of being utilized or occupied for not more than seven consecutive months out of the calendar year.
SETBACKS
A setback of a building is an open unoccupied space between the front or side lot line and extending from such lot line to the face of a building wall or the face of a projecting bay, porch, piers or abutment.
SIGN
Any structure or part thereof attached thereto or painted or represented thereon which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation, but not including the flag, pennant or insignia of any nation, state, City or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like organization on the property thereof.
SIGN, BUSINESS
A sign which directs attention to a business, profession or industry located upon the premises where the sign is displayed, to the type of products sold, manufactured or assembled and/or to the service or entertainment offered on said premises, except a sign pertaining to the preceding if such activity is only minor and incidental to the principal use of the premises.
SIGN, FARM PRODUCT
A sign advertising the sale of farm products raised on the premises.
SIGN, IDENTIFICATION
A sign used to provide only direction information relative to entrances, exits and traffic circulation.
SIGN, REAL ESTATE
A sign advertising the property on which it is located or a building located thereon for sale, rent or lease, preceding such transaction only.
SIGN, SPECIAL EVENT
A temporary sign giving notice of a special event or activity if not more than a quarterly occurrence.
SITE PLAN
A plan of a lot, subdivision or land development proposed on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
SMALL MOTOR REPAIR SHOP
A shop for the adjustment, repair or reconditioning of small motors, such as but not limited to lawn mowers, snow blowers and chain saws.
SPECIAL USE
A use granted by the Zoning Board of Appeals that would not be appropriate generally or without restriction throughout the zoning district for which it is granted, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as special permits only if specific provision for such special permit is made in this Zoning Ordinance.
STABLE, COMMERCIAL
The operating of a stable for the raising or keeping of equines in an amount that exceeds 20.
[Amended 2-21-2007 by L.L. No. 2-2007]
STABLE, LIVERY
The renting of horses for riding or the operation of a riding academy or riding club.
STABLE, PRIVATE
The operating of a stable for the raising or keeping of equines on a parcel of land five acres or larger in size.
[Added 2-21-2007 by L.L. No. 2-2007]
STOP, BUMPER
A barrier capable of effectively preventing any encroachment by any part of a conventional passenger motor vehicle on or over an area.
STOP, WHEEL
A barrier capable of effectively preventing encroachment on an area by the operating wheels of a motor vehicle.
STORAGE BUILDING
Buildings in which the primary or intended occupancy or use is the storage of or shelter for goods, merchandise, products, vehicles or animals.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.
STREET (includes road)
Any right-of-way greater than 20 feet in width, dedicated to public travel and serving the abutting properties as a means of access.
STREET LINE
The right-of-way line of a street as indicated by dedication or by deed of record or appearing on a duly adopted Official Map, such line to be determined in the instance of any question by the Zoning Administrator.
STREET, LOCAL
A Town street so designed as to discourage through traffic.
STREET, LOCAL-THROUGH
A Town street which may carry some element of through traffic.
STREET, MAJOR
State highways and such County roads and Town streets.
STREET, SECONDARY
Any County highway not designated as a major street, and such other Town street as is so designated by the Planning Board.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SUBDIVISION
The division of a single lot, tract or parcel of land, or a part thereof, into two or more lots, tracts or parcels of land, including changes in street lines or lot lines, for the purpose, whether immediate or future, of transfer of ownership or of building development; provided however, that division of land for agricultural purposes into parcels of more than five acres shall not be included within the meaning of "subdivision." The term "subdivision" shall also include resubdivision.
SWIMMING POOL
Any body of water (excluding natural bodies of water fed by rivers, streams or brooks) or receptacles for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside of any building.
TEMPORARY
Intended to be located, used or occupied for a short time frame, whether or not stated or implied: in contrast to permanent which has no specified ending.
TEMPORARY USE
An activity conducted for a specified limited period of time which may not otherwise be permitted by the provisions of this chapter.
TENANT FARMER
Any individual or person who rents, occupies or otherwise holds tenancy in any farm or portion thereof.
THEATER
A building or part of a building devoted to presenting entertainment on a paid-admission basis.
TOURIST HOME
A private residence in which overnight accommodations are provided for not more than 10 transient, paying guests.
TOWNHOUSE
One of a series of attached one-family dwelling units, each having a common wall between adjacent sections and having direct access to a private, individual rear and/or front yard designed as an integral part of each one-family dwelling unit.
TRAILER, BOAT
A vehicle designed exclusively for the transportation of one boat of less than 10 feet in beam and 24 feet in length.
TRAILER, CARGO
A vehicle not over 70 square feet in floor area, used for the hauling of cargo.
TRANSIENT GUEST
A tenant who does not have a lease and occupies an apartment, lodging room or other living quarters on a daily or weekly basis.
TRUCK
A motor vehicle, except trailers and semitrailers, designed and used to carry property.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
A relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter, a "variance" is authorized only for height, area and size of a structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
VEHICLE
Any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance and shall include passenger cars, trucks, truck-tractors, buses, motorcycles and scooters, but shall not include tractors, construction equipment or machinery or any device used in performing a job as stated above.
WAREHOUSE
A building for the storage of materials, goods or merchandise intended for sale or delivery, but where no sales take place on the premises.
WIDTH, BUILDING
The distance between the main walls of the building at right angles to the length and measured through the widest part of the building. An enclosed veranda shall be considered as part of the building.
WIDTH, LOT
The average right-angle distance between the side lines of such lot.
WIDTH, STREET
The right-angle distance between the two sides of the street.
YARD
An open space on a lot, other than a court, unoccupied and unobstructed from the ground to the sky.
YARD, FRONT
A yard extending across the full width of the lot and abutting the front lot line, the required depth of which yard is a prescribed minimum distance between the front lot line and a line parallel thereto on the lot.
YARD, REAR
A yard extending across the full width of the lot and abutting the rear lot line, the required depth of which yard is a prescribed minimum distance between the rear lot line and a line parallel thereto on the lot.
YARD, SIDE
A yard extending from the front yard to the rear yard and abutting a side lot line; the required width of which yard is a prescribed minimum distance between the side lot line and a line parallel thereto on the lot.
[1]
Editor's Note: See Ch. 51, Building Construction, and Ch. 71, Fire Prevention and Building Code Administration and Enforcement.